Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

With Deputy Jim O'Callaghan and the Minister, I fully support and welcome the publication and transposition of the directive. It is interesting, when we read the background information, to note that it began in the early noughties in the European Union with a Council framework decision and that it has taken a lengthy period for it to be properly transposed, formalised and put on a statutory footing in Irish law. What is unfortunate - this is something we see too often - is how long it takes to have positive ideas at EU level properly transposed or agreed to at member state level. It is welcome that Directive 2012/29/EU is being transposed.

To make a broad point, it is important that we have a framework placed on a statutory basis to put the victim of a crime at the centre of Irish law. We all know and have met victims of crime. We have all been victims of various criminal offences at various times in our lives. It is important that victims of crime have rights and be able to contact, and have positive interaction with, the various statutory agencies. As outlined, the fundamental tenet is communication and that reviews of decisions can be made at the various stages of the process. The recent O'Higgins report detailed serious deficiencies in how victims were provided with information. This uncertainty for victims is worrying and has a significant effect on them and their families. It is important, as Deputy Jim O'Callaghan stated, that the agencies of the State be accountable to victims and that they provide a proper mechanism and review process as a crime investigation is progressed.

This morning at a meeting of the Oireachtas Joint Committee on Justice and Equality Ms Maria McDonald spoke on behalf of the Victims Rights Alliance. She made an excellent presentation on penal reform in which she highlighted a number of important points. They are worth noting. The Victims Rights Alliance is very positive about the Bill and welcomes the Minister's work in that regard, but, as Deputy Jim O'Callaghan mentioned, there are questions about restorative justice and why there is no statutory restorative justice scheme in place. The strategic review of penal policy acknowledges that the directive promotes the appropriate use of restorative justice services. This is in line with the delivery of such services in the State. The directive states "restorative justice" means "any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the criminal offence through the help of an impartial third party". It is important to address some of the concerns of the Victims Rights Alliance. While it welcomes the centralising of the victim in statutory rights, it is concerned that restorative justice has not been included and formalised as part of the process. As we all know, we only get one chance in the short to medium term to deal with legislation to transpose a directive. As it is unlikely that we will revisit this option properly and positively in the years to come, we, therefore, need to get this right and ensure we do not dilute the potential rights of victims as part of the legislation.

The report of the Victims Rights Alliance states 72% of victims felt they had been revictimised by the criminal justice system, while more than 40% felt they had been revictimised by the accused. I hope the legislation and the work that will flow from it will reduce these alarming rates to ensure the victim will be put at the centre of the criminal justice system in the context of other balancing rights. This is important legislation which I hope we and the Minister will get right.

See this speech in context